My First CCA Request

davewelch00

I have the highly respected and renowned CapQuest chasing me for a debt of £200. This is an old bank account, the agreement was signed before 2006. The £200 is a result of charges adding up. I believe they do not poses a copy of my original agreement, as they have have never taken me to court despite repeated threats. I was hoping someone could tell me whether my CCA request letter is missing anything, or is giving to much away. All help greatly appreciated. Thanks.

I am writing in response to the letter received from you on 10/12/09, pursuant to my rights under the Consumer Credit Act 1974 (section 77-79), I am requesting that you provide me with a true and signed copy of the executed agreement of this alleged debt.

I enclose a payment of £1, representing the fee payable under the Consumer Credit Act 1974.

I would like to point out that failure to comply within the prescribed period of 12 days will result in the alleged debt becoming unenforceable until you do comply. Furthermore if you fail to respond within and additional month you will be committing an offence.

dunstonh

I believe they do not poses a copy of my original agreement

As the courts recently confirmed, they dont need to.

as they have have never taken me to court despite repeated threats

More likely as £200 isnt worth it.

I would like to point out that failure to comply within the prescribed period of 12 days will result in the alleged debt becoming unenforceable until you do comply.

No it doesnt.

natweststaffmember

davewelch00 wrote: »

I have the highly respected and renowned CapQuest chasing me for a debt of £200. This is an old bank account, the agreement was signed before 2006. The £200 is a result of charges adding up. I believe they do not poses a copy of my original agreement, as they have have never taken me to court despite repeated threats. I was hoping someone could tell me whether my CCA request letter is missing anything, or is giving to much away. All help greatly appreciated. Thanks.

I am writing in response to the letter received from you on 10/12/09, pursuant to my rights under the Consumer Credit Act 1974 (section 77-79), I am requesting that you provide me with a true and signed copy of the executed agreement of this alleged debt.

I enclose a payment of £1, representing the fee payable under the Consumer Credit Act 1974.

I would like to point out that failure to comply within the prescribed period of 12 days will result in the alleged debt becoming unenforceable until you do comply. Furthermore if you fail to respond within and additional month you will be committing an offence.

Debt Free Wannabe board you want and Never in Doubt who knows a bit more than Dunstonh and myself on that matter.

Premier_2

dunstonh wrote: »

As the courts recently confirmed, they dont need to....

As there appears some doubts over the accuracy of this advice my some, I thought it would be worthwhile to post a link to the relevent MSE news item

http://www.moneysavingexpert.com/news/loans/2009/12/high-court-ends-debt-avoidance-loophole

There was also a later news item:

Consumers have been warned to disregard misleading adverts stating you can write off debt using loopholes in legislation.

The Office of Fair Trading, which today [27 January 2010] issued draft guidance on the matter, states consumers should pay loan and credit card debts they legitimately build up rather than trying to wriggle out of them. ...

http://www.moneysavingexpert.com/news/loans/2010/01/oft-warning-over-debt-write-off-claims

natweststaffmember

Premier wrote: »

As there appears some doubts over the accuracy of this advice my some, I thought it would be worthwhile to post a link to the relevent MSE news item

http://www.moneysavingexpert.com/news/loans/2009/12/high-court-ends-debt-avoidance-loophole

There was also a later news item:

http://www.moneysavingexpert.com/news/loans/2010/01/oft-warning-over-debt-write-off-claims

There was no dispute as to the advice, there was dispute as to the field of expertise. I'm not an expert in this field of advice but the judgements as I keep telling YOU on bank charges is not exactly as you care to airbrush it. As Never in Doubt is very much more knowledgeable than me then I suggested that he went to this thread

https://forums.moneysavingexpert.com/discussion/2305463

The reason is that there was a number of test cases(not just one) means that there is a lot of information. Furthermore, there is case law with regards to this from the House of Lords which the cases did not ever go to. In fact, the likelihood is that whilst some of the cases have the potential for appeal, they won't be due to the CMC concerned and their financial situation.
No dispute by me but Dunstonh on his profile says he is or was an IFA, I was a former Bankworker(my specialisation is bank charges, credit charges and hardship cases) and Premier, yours is more electricity and gas(having had a look at you earlier in the year and what your expertise is) and quoting MSE news articles which are hardly in depth legal analysis.
Never in Doubt advises on unenforceable credit agreements, would you like their input on the thread cos I'll PM them now for their input.
Hope that clarifies the alleged dispute...

BigCraigJohn

OP: Unfortunately overdrafts arent covered by s77-79.

In simple terms what I gather of the test cases(courtesy of NID and CAG) was on the negative side that you will no longer be able to take a creditor to court and have an agreement made unenforceable and the creditor can satisfy its legal obligation under s77-79 by sending a reconstituted true copy of the original.
However on the plus side it also said that a creditor can not take a debtor to court unless it has the original agreement which must be correctly executed but the debt exists so the creditor can mark your credit history.


In court
Bank as the claimant = needs original to enforce(cant get ccj)
Bank as defence = reconstitued is enough to defend making agreement unenforceable(court wont make it unenforceable)

never-in-doubt

Hiya Natty, out for the weekend but replying via iPhone. You're spot on, both premier and dunstonh are wrong.

Have a good weekend.

di3004

Hi Never-In-Doubt


Hope your well.;)

davewelch00

Maybe NID, I would be better of sending F&F settlement offers to the creditors in exhchange for my defaults being removed? I dont believe either creditor posses' a CCA agreement as I think that by now they would have issued a claim against me. One instance is a bank account opend in 2003, however because I paid £20 in 2007 after being persuaded to, the default will be on my credit file unitl 2013. Whish I'd ignored it and it wouldn't be an issue now.

never-in-doubt

davewelch00 wrote: »

Maybe NID, I would be better of sending F&F settlement offers to the creditors in exhchange for my defaults being removed? I dont believe either creditor posses' a CCA agreement as I think that by now they would have issued a claim against me. One instance is a bank account opend in 2003, however because I paid £20 in 2007 after being persuaded to, the default will be on my credit file unitl 2013. Whish I'd ignored it and it wouldn't be an issue now.

Hiya

Hold fire - just got back today, will check this properly tomorrow and post again..... don't do anything yet..... i'll advise soon what is what for you ok? I can get defaults removed, yes.....

Ok having seen your post on my thread - see this: #2137

never-in-doubt

dunstonh wrote: »

As the courts recently confirmed, they dont need to.

Ermmm, actually the courts never confirmed anything of the sort! The lender MUST provide an agreement in court or they cannot obtain judgement - see my signature for the actual facts.

dunstonh wrote: »

More likely as £200 isnt worth it.

Agree with this, but also too small - must be more than £500...

dunstonh wrote: »

No it doesnt.

Ermmm, yes it bloody well does!

Maybe stick at what you do know, you obviously do not understand unenforceability do you?